An Act to Amend the Laws Governing the Land for Maine's Future Program and to Authorize the Use of Options to Purchase at Agricultural Value

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 458 - L.D. 1072
An Act to Amend the Laws Governing the Land for Maine's Future Program
and to Authorize the Use of Options to Purchase at Agricultural Value
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 5 MRSA §6200, 3rd ¶, as enacted by PL 1987, c. 506, §§1 and 4, is
amended to read:
The Legislature declares that the future social and economic well-being of the citizens
of this State depends upon maintaining the quality and availability of working lands for
farming, commercial fishing and forestry and natural areas for recreation, hunting and
fishing, conservation, wildlife habitat, vital ecologic functions and scenic beauty and that
the State, as the public's trustee, has a responsibility and a duty to pursue an aggressive and
coordinated policy to assure that this Maine heritage is passed on to future generations.
Sec. A-2. 5 MRSA §6201, sub-§2-A is enacted to read:
2-A. Interest in property. "Interest in property" means both fee and less-than-fee
simple interest and includes, but is not limited to, conservation easements, access
easements, scenic easements, other permanent interests in land and long-term leases of at
least 99 years as long as the interest is primarily in natural lands meeting the criteria set
forth in this chapter.
Sec. A-3. 5 MRSA §6203-A, sub-§2, as repealed and replaced by PL 2023, c. 284,
§5, is amended to read:
2. Grants; matching funds. The board may make grants to state agencies and
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
Sec. A-4. 5 MRSA §6203-B, sub-§2, as enacted by PL 2011, c. 266, Pt. B, §3, is
amended to read:
APPROVED
JULY 1, 2025
BY GOVERNOR
CHAPTER
471
PUBLIC LAW
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2. Grants. The board may make grants to state agencies and designated cooperating
entities for the purposes identified in subsection 3. Grants are made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. A-5. 5 MRSA §6203-C, sub-§2, as enacted by PL 2021, c. 135, §4, is
amended to read:
2. Grants. The board may make grants to state agencies and designated cooperating
entities for the purposes identified in subsection 3. Grants are made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
Sec. A-6. 5 MRSA §6203-E, sub-§2, as enacted by PL 2023, c. 284, §9, is amended
to read:
2. Grants; matching funds. The board may make grants to state agencies and
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
Sec. A-7. 5 MRSA §6203-F, sub-§2, as enacted by PL 2023, c. 284, §10, is
amended to read:
2. Grants; matching funds. The board may make grants to state agencies and
designated cooperating entities for the purposes identified in subsection 3. For each grant
made under this subsection, the board shall require the grant recipient to provide matching
funds at least equal to the amount of the grant. Grants must be made according to rules
adopted by the board. Rules adopted pursuant to this subsection are routine technical rules
as defined in chapter 375, subchapter 2‑A.
Sec. A-8. 5 MRSA §6206-A, as amended by PL 1993, c. 728, §9, is further amended
to read:
§6206-A. Nominations Public notice of final award
Prior to taking an action to designate land for negotiation for acquisition, the board
shall send by certified mail or otherwise deliver a notice of this intention to the owner or
owners of land within the area proposed by the board for acquisition, as the identity and
address of such owner or owners is shown on the tax maps or other tax records of the
municipality in which the land is located. If the land is located within the unorganized
territory, notice must be sent to the owner or owners as shown on the tax maps or other tax
records of the State Tax Assessor. After the completion of negotiations determining a final
award, the board shall publish a notice of its intent to designate land for acquisition fund
the purchase of land offered for acquisition in a newspaper or newspapers of general
circulation that identifies the land proposed by the board for acquisition funding and that
notifies the residents of the area that the board will accept public comments on the proposed
acquisition award.
Any owner of land that has been nominated for acquisition and is subject to the notice
requirements of this section may submit a properly sworn affidavit to the board indicating
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the owner's unwillingness to sell. The affidavit is notice to the board that continued
evaluation of that land is inappropriate and, unless the board intends to acquire an interest
in the land through the use of eminent domain pursuant to section 6207‑A, the board may
not consider that land for acquisition.
Sec. A-9. 5 MRSA §6207, sub-§2, as amended by PL 2023, c. 284, §15, is further
amended to read:
2. Determination of statewide significance. In determining whether a proposed
acquisition must may be funded, in full or in part, by the Land for Maine's Future Trust
Fund, the Conservation and Recreation Fund or the Public Access to Maine Waters Fund,
the board shall consider whether the site is of statewide significance and:
A. Contains recreation lands, prime physical features of the Maine landscape, areas of
special scenic beauty, farmland or open space, undeveloped shorelines, significant
undeveloped archeological sites, wetlands, fragile mountain areas or lands with other
conservation, wilderness or recreation values;
B. Is habitat for plant or animal species or natural communities considered rare,
threatened or endangered in the State;
C. Provides nonmotorized or motorized public access to recreation opportunities or
those natural resources identified in this section;
D. Provides public water supply protection when that purpose is consistent and does
not conflict with the natural resource conservation and recreation purposes of this
chapter; or
E. Contains deer wintering areas and satisfies all the requirements of subsection 3,
paragraph A.
Sec. A-10. 5 MRSA §6207, sub-§4, ¶C, as amended by PL 1993, c. 728, §10, is
further amended to read:
C. The acquisition of a fee interest in land of which the primary use value has been
and will be as commercially harvested or harvestable forest land.
Sec. A-11. 5 MRSA §6209, as amended by PL 2023, c. 284, §§16 and 17, is further
amended to read:
§6209. Ownership; title; management Fee title; evaluation; legislative approval;
authority to encumber
1. Uses of funds. The board may use the Land for Maine's Future Trust Fund, the
Conservation and Recreation Fund and the Public Access to Maine Waters Fund to acquire
real property in both fee and less-than-fee simple interest, including, but not limited to,
conservation easements, access easements, scenic easements, other permanent interests in
land and long-term leases of at least 99 years as long as those acquisitions are primarily
natural lands meeting the criteria set forth in this chapter.
2. Title Fee title. Title Fee title to all lands interests in land acquired pursuant to this
chapter must be vested solely in the State. Management responsibilities for the acquired
lands may be contracted by the land-owning state agency to cooperating entities, subject to
appropriate lease arrangements, upon the recommendation of the agency's commissioner
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and approval of the board clear to ensure that the State's interests in funding the acquisition
are protected.
3. Matching funds. When matching funds for a project include cash not derived from
a bond request, an allocation of up to 20% of the appraised value of the acquired land or
the amount of cash, whichever is less, may be put into the stewardship account of the state
agency holding title to the land.
4. Payments. Payments from the fund may be made to cooperating entities for
qualifying lands acquired on behalf of the State, provided that a state agency has issued to
the cooperating entity a letter of intent requesting assistance in the acquisition. Upon
submission to the state agency of a cooperating entity's direct expenses for acquisition and
related costs of an authorized acquisition, the board shall authorize payment of those
expenses, provided that the total of all expenses does not exceed the appraised value of the
acquired property. Expenses must be paid at intervals during the acquisition process, as
determined by the board.
5. Land evaluated. All lands interests in property acquired with money from the Land
for Maine's Future Trust Fund, the Conservation and Recreation Fund or the Public Access
to Maine Waters Fund must be evaluated for rare, threatened or endangered species of
plants and animals, exemplary natural communities, features of historic significance and
other high priority natural features and ecologic functions as determined by the board, with
reference to the best inventory data available to the State. Subsequent management by state
agencies holding properties found to have such important features and functions must
reflect the objective of maintaining and protecting those features and functions.
6. Legislative Fee title legislative approval. Except as provided in subsection 7, fee
interests in land acquired under this chapter and held by the State may not be sold or used
for purposes other than those stated in this chapter, unless approved by a 2/3 majority of
the Legislature.
7. Conveyance of an access easement across a rail trail. Notwithstanding any other
provision of law to the contrary, the Director of the Bureau of Parks and Lands within the
Department of Agriculture, Conservation and Forestry, with the approval of the Governor
and the Commissioner of Agriculture, Conservation and Forestry, may sell or otherwise
convey in accordance with Title 12, section 1814‑A access rights by easement across a rail
trail acquired under this chapter.
For the purposes of this subsection, "rail trail" means a former railroad right-of-way in
which the Department of Agriculture, Conservation and Forestry holds an ownership
interest and that is:
A. No longer used for rail service; and
B. Managed by the Department of Agriculture, Conservation and Forestry for use as a
recreational trail.
Sec. A-12. 5 MRSA §6210, first ¶, as enacted by PL 1989, c. 485, §3, is amended
to read:
If the board transfers in writing to any local or federal agency any written information
acquired by the board under this chapter concerning any land, the board shall may, upon
transfer, notify the landowner of the transfer by certified mail.
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PART B
Sec. B-1. 33 MRSA c. 6-B is enacted to read:
CHAPTER 6-B
OPTIONS TO PURCHASE AT AGRICULTURAL VALUE
§141. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Option to purchase at agricultural value. "Option to purchase at agricultural
value" means any agreement in recordable form between the fee owner of working
farmland property and one or more qualified holders that permits a qualified holder to
control, either directly or indirectly, the purchase price of the working farmland property
for the primary purpose of making available and affordable, and preserving the permanent
availability and affordability of, that property for working farmland.
2. Qualified holder or holder. "Qualified holder" or "holder" means:
A. A governmental entity authorized to hold an interest in real property;
B. A nonprofit organization organized under state law whose purposes include the
permanent protection of working farmland or the enlargement of working farmland
opportunities for farmers; or
C. A nonprofit organization organized under state law whose purposes or powers
include retaining or protecting working farmland or providing access to working
farmland.
3. Third-party right of enforcement. "Third-party right of enforcement" means a
right provided in an option to purchase at agricultural value to enforce any of its terms
granted by the grantor and holder of the option to purchase at agricultural value to a
governmental entity or nonprofit organization that meets the qualifications of a holder.
4. Working farmland or working farmland property. "Working farmland" or
"working farmland property" has the same meaning as in Title 5, section 6201, subsection
4-A.
§142. Creation; conveyance; acceptance; duration; filing
1. Option to purchase at agricultural value. Except as otherwise provided in this
chapter, an option to purchase at agricultural value may be created, conveyed, recorded,
assigned, released, modified, terminated or otherwise altered or affected in the same
manner as other options to purchase real property created by written instrument. An option
to purchase at agricultural value may include a 3rd-party right of enforcement and may be
incorporated into an agricultural easement or be an independent document suitable for
recording.
2. Right or duty. A right or duty in favor of or against a qualified holder may not
arise under an option to purchase at agricultural value unless it is accepted in writing by
the qualified holder.
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3. Limitation. Except as provided in this chapter, an option to purchase at agricultural
value is unlimited in duration unless a change of circumstances renders the option to
purchase at agricultural value no longer in the public interest as determined in an action
under section 143, subsection 2.
4. Filing. An option to purchase at agricultural value must be recorded in the county
registry of deeds, and a copy of the recorded option to purchase at agricultural value must
be filed with the Department of Agriculture, Conservation and Forestry together with a
map showing with specificity the location of the affected property on the form or forms
that the department requires.
5. Other interest. An interest in real property in existence at the time an option to
purchase at agricultural value is created is not affected by the option to purchase at
agricultural value unless the fee owner of the interest is a party to the option to purchase at
agricultural value or consents to the option to purchase at agricultural value.
6. Right to enter real property. The written instrument creating an option to purchase
at agricultural value must designate how and when representatives of the holder of an
option to purchase at agricultural value are entitled to enter the real property to ensure
compliance.
§143. Judicial actions
1. Fee owners; qualified holders. An action affecting an option to purchase at
agricultural value may be brought or intervened in by:
A. A fee owner of an interest in the real property burdened by the option to purchase
at agricultural value;
B. A qualified holder of the benefit of the option to purchase at agricultural value;
C. The municipality in which the real property burdened by the option to purchase at
agricultural value is located; or
D. The Attorney General.
2. Power of court. The court has the following powers.
A. The court may enforce an option to purchase at agricultural value by injunction or
other proceeding at law or in equity.
B. Acting in accordance with charitable trust principles, the court may modify,
terminate or deny equitable enforcement of an option to purchase at agricultural value
in an action brought by a party under subsection 1. In taking such an action, the court
must find that, due to a change in circumstance, the option to purchase at agricultural
value no longer serves the public interest in protecting or enhancing the protection of
working farmland or related businesses of the State. The Attorney General must be
made a party to any action under this paragraph, and written notice must be provided
to the Commissioner of Agriculture, Conservation and Forestry.
C. If the court modifies, terminates or denies equitable enforcement of an option to
purchase at agricultural value, the court may order payment by the fee owner of money
or other damages to the holder or the State. The holder or the State shall apply the
same in a manner consistent with the purposes of this law as approved by the court.
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The fact that a working farmland property might be used for more valuable economic
purposes may not be considered when determining whether an option to purchase at
agricultural value is no longer in the public interest.
§144. Scope of option to purchase at agricultural value
An option to purchase at agricultural value may include any of the following
agreements affecting working farmland property:
1. Resale price of working farmland property. Limitations on the resale price of
working farmland property, which may include provisions for payments to the holder;
2. Amount of equity appreciation. Limitations on the amount of equity appreciation
that a fee owner may derive from ownership of working farmland property;
3. Improvements to working farmland property. Limitations on the type, extent,
use or dollar value of improvements that may be made to working farmland property;
4. Uses to which working farmland property may be devoted. Restrictions on the
uses to which working farmland property may be devoted, which must be consistent with
the purposes of this chapter;
5. Options to purchase. The grant of rights of first refusal or options to purchase to
qualified holders or their assigns, subject to the terms and conditions of the option to
purchase at agricultural value;
6. Maintenance and insurance of working farmland property. The obligation to
maintain, operate and insure working farmland property;
7. Construction and materials. The right to restrict or specify types of buildings,
structures and materials that may be used in improvements on working farmland property;
8. Acts that may enhance affordability of working farmland property. The right
to prohibit, limit or require other acts that may enhance or allow the affordability and
availability of working farmland property over time to beginning farmers in the future. For
the purposes of this subsection, "beginning farmer" means an individual who has not
operated a farm for more than 10 years; and
9. Right of qualified holders to enter and inspect. In accordance with section 142,
subsection 6, the right to provide qualified holders periodic entry and inspection of
farmland real property at reasonable times and after reasonable notice.
§145. Validity
An option to purchase at agricultural value is valid and enforceable, notwithstanding
any of the following conditions.
1. Not appurtenant to interest in real property. The option to purchase at
agricultural value is not appurtenant and does not run with an interest in real property.
2. Assignable to another holder. The option to purchase at agricultural value can be
or has been assigned to another qualified holder.
3. Not recognized at common law. The option to purchase at agricultural value is
not of a character traditionally recognized at common law.
4. Imposes negative burden. The option to purchase at agricultural value imposes a
negative burden.
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5. Imposes affirmative obligations. The option to purchase at agricultural value
imposes affirmative obligations upon the fee owner of an interest in the burdened property
or the qualified holder.
6. Benefit does not touch or concern real property. The benefit of the option to
purchase at agricultural value is held by a qualified holder who has not retained property
that would benefit from enforcement of the option to purchase at agricultural value, or the
benefit does not touch or concern real property in any other way.
7. No privity of estate or contract. There is no privity of estate or privity of contract.
8. Does not run to successors or assigns. The option to purchase at agricultural value
does not run to the successors or assigns of the qualified holder.
9. Unreasonable restraint on alienability. The option to purchase at agricultural
value may be considered to be an unreasonable restraint on alienability.
10. Violation of rule against perpetuities. The option to purchase at agricultural
value may violate the rule against perpetuities.
§146. Application
1. Interest created after effective date. This chapter applies to any interest that
complies with this chapter created after the effective date of this chapter, whether
designated as an option to purchase at agricultural value or an equitable servitude,
restriction, easement or other interest in the property.
2. Option to purchase at agricultural value created before effective date. This
chapter applies to any option to purchase at agricultural value created before the effective
date of this chapter if the option to purchase at agricultural value would have been
enforceable had it been created after the effective date of this chapter, unless retroactive
application contravenes the Constitution of Maine or the United States Constitution.
3. Chapter does not invalidate interest. This chapter does not invalidate any interest,
whether designated as an option to purchase at agricultural value or an equitable servitude,
restriction, easement or other interest in property, that is otherwise enforceable under other
laws of this State.
PART C
Sec. C-1. 33 MRSA §479-C, as amended by PL 2017, c. 475, Pt. A, §56, is further
amended to read:
§479-C. Conservation lands registry reporting
A For each conservation easement and each parcel owned in fee for conservation
purposes in the State, the holder of a the conservation easement or a and the fee owner of
each parcel of land for conservation purposes that is organized or doing business in the
State shall annually report to the Department of Agriculture, Conservation and Forestry the
book and page number at the registry of deeds for each conservation easement that it holds
or each parcel owned in fee for conservation purposes department, the municipality, the
approximate number of acres protected under each easement or parcel owned, the
approximate number of acres that are exempt from taxation pursuant to Title 36, section
652 for which the municipality or county does not receive payments in lieu of taxes and
such other information as the Department of Agriculture, Conservation and Forestry
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department determines necessary to fulfill the purposes of this subchapter. The filing report
must be made by a date and on forms in the form established by the Department of
Agriculture, Conservation and Forestry department to certify the accuracy of the
conservation easement holder's or fee owner's information, avoid duplicative filings when
possible, provide public access to the information reported and otherwise reduce
administrative burdens. The department is authorized to adopt a form of reporting that
results in the creation of a geographic information system map layer that displays the
information required by this section. The annual filing certification must be accompanied
by an $80 fee. The Department of Agriculture, Conservation and Forestry department shall
maintain a permanent current record of the registration these reporting requirements in a
form conducive to public dissemination of the information and shall report to the Attorney
General any failure of a holder of a conservation easement disclosed by the filing or
otherwise known to the Department of Agriculture, Conservation and Forestry department.
The fees established under this section must be held by the Department of Agriculture,
Conservation and Forestry department in a nonlapsing, special account to defray the costs
of maintaining the registry reported information and carrying out its duties under this
section. For the purposes of this section, "department" means the Department of
Agriculture, Conservation and Forestry.